Criminal Law

May 27, 2015Comments Off on Criminal Law – Lay witness opinion testimony to identify handwriting is admissible

Where defendant was convicted of mailing a threatening letter to a member of congress, the conviction was not flawed by admission of lay testimony from three witnesses who identified defendant’s handwriting based on their familiarity with it.

May 27, 2015Comments Off on Criminal Law – Prior involvement in Medicare schemes admissible at fraud trial

Admission of one defendant’s prior involvement in Medicare fraud schemes did not result in an unfair trial on a current Medicare fraud charge because the evidence was highly probative of defendant’s intent.

At issue is whether defendant’s conduct, submitting false names and signatures on an election petition, should have been charged as a felony under the general forgery statute, MCL 168.937, or as a misdemeanor under MCL 168.544c.

May 22, 2015Comments Off on Criminal Law – Statute does not bar more DNA testing of previously tested material

We REVERSE the judgment of the Court of Appeals for the reason that no provision set forth in MCL 770.16 prohibits the issuance of an order granting DNA testing of previously tested biological material.

May 22, 2015Comments Off on Criminal Law – Ineffective assistance claim remanded for ‘Ginther’ hearing

We REMAND this case to the Oakland Circuit Court for an evidentiary hearing, pursuant to People v Ginther, 390 Mich 436 (1973), to determine whether the defendant was deprived of his right to the effective assistance of trial counsel

May 12, 2015Comments Off on Criminal Law – Defendants’ activities at uranium storage building were not sabotage

Where protesters cut through fences at an enriched uranium storage facility, sprayed-painted antiwar slogans on a building, hung banners and splashed blood, they lacked the necessary intent to be convicted for violating the federal Sabotage Act.

May 12, 2015Comments Off on Criminal Law – Defendant must obtain written permission to associate with minors

Where defendant was convicted of receiving child pornography, the federal district court correctly imposed, as a condition of defendant’s supervised release, a requirement that he obtain his probation officer’s written permission before associating with minors, including his own daughter.

Defendant must be resentenced on his unarmed robbery conviction because there is no support in the record for the trial court’s assessment of 10 points under Offense Variable 4 (psychological injury to victim).